This article provides standards for communicating information in the environment of the City and its zoning jurisdiction. The regulations recognize the need to protect public health, safety, and welfare; to maintain the City's attractive appearance; to provide for adequate business identification, advertising, and communication of information; and to encourage the fair enforcement of sign regulations.

(Code 1993, § 39.10.10)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign which, for a period of at least 180 consecutive calendar days no longer advertises or identifies a legal business establishment, product or activity.

Aggregate sign area means the total available sign area of all sides or portions of a sign.

Animated sign means a sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that moves, changes, flashes, osculates or visibly alters in appearance.

Attached sign means a sign which is structurally connected to a building or depends upon that building for support.

Awning means a temporary or movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for supporting framework.

Awning sign means a message printed on an awning.

Banner sign means material with a printed message or graphic secured or mounted from a structure in such a way as to allow wind movement.

Billboard sign means an off-premises sign that is principally designed to direct attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. A billboard sign is an off-premises sign.

Building frontage means the linear length of a building facing a public street right-of-way, exclusive of alleys, or the linear length of the street right-of-way, whichever is smaller.

Building marker means a historic or commemorative plaque, or a building name or cornerstone carved into a masonry surface.

Building sign means a sign displayed upon or attached to any part of the exterior of a building. Roof signs and wall signs are considered building signs.

Canopy sign means a roof-like cover, attached or unattached, extending from the exterior wall of a building and composed of supporting framework of rigid materials upon which a sign is indelibly drawn, painted or printed.

Clearance means the distance from the bottom of a sign elevated above grade and the grade below.

Detached sign means a sign, other than a billboard sign or digital billboard sign, which self-supporting and structurally independent from any is building.

Digital billboard sign means a billboard sign that is designed to convey its message, information, and advertising copy by LED or other digital means. A digital billboard sign is an off-premises sign.

Directional sign means a sign located at the exit or entrance of a premises that has two or more driveways.

Double-faced sign means a sign consisting of no more than two parallel faces or V-pattern faces supported by a single structure.

Electronic message sign means a sign emitting an illuminated message, image or design created electronically by any light source, LED (light emitting diodes), bare electric bulbs, luminous tubes, fiber optics, or any other combination of light sources creating a message. The term "electronic message sign" shall include time, temperature and date signs. An electronic message sign which has copy which moves or appears to be moving, flashing, changing color, pulsing or alternating shall be considered an animated sign.

Flag means any fabric, banner or bunting containing distinct colors, patterns or symbols, which is used or may be used as a symbol of a government, political subdivision, corporation, business, or other entity. A flag may also be used to express symbolic speech or for decorative purposes. For the purpose of these regulations, the message expressed by a flag shall not be relevant to the display of the flag.

Ground sign means a sign, other than a billboard sign or digital billboard sign, that is supported by one or more columns, upright poles, or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building with a building clearance less than three feet and vertical clearance of less than three feet. Monument signs are considered ground signs.

Illuminated sign means an illuminated sign is one which either:

(1)

Provides artificial light through exposed bulbs, lamps or luminous tubes on the sign surface;

(2)

Emits light through transparent or translucent material from a source within the sign; or

(3)

Reflects light from a source intentionally directed upon it.

Illumination means lighting sources installed for the primary purpose of lighting a specific sign or group of signs.

Marquee means a permanent roof-like shelter extending from part or all of the building face usually over a public right-of-way.

Monument sign means any sign, other than a pole or pylon sign, which is placed upon or supported by structures.

Moving sign means a sign which conveys its message through rotating, changing, or animated elements.

Nonconforming sign means a sign that was legally erected prior to the adoption of the ordinance from which this article is derived, but which does not conform to the provisions thereof.

Off-premises sign means any sign that identifies or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

On-premises sign means any sign that:

(1)

Principally displays a noncommercial message; or

(2)

Identifies or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location on the premises where the sign is located.

Permanent sign means a sign which is affixed to a building or the ground in compliance with the requirements of the City Building Code and any other applicable federal, State or local laws and in such a manner as to be immobile without the use of extraordinary means, such as disassembly.

Pole sign means an on-premises sign built on a freestanding frame, mast or poles with a clearance greater than three feet.

Portable sign means any sign supported by frames or posts rigidly attached to bases not permanently attached to the ground or a building and capable of being moved from place to place.

Premises means a tract of one or more lots or sites which are contiguous and under common ownership or control.

Projecting signs means a sign other than a wall sign that is attached to and projects from a building face.

Pylon sign means any sign, other than a billboard sign or digital billboard sign, which is supported by structures or supports in or upon the ground and independent of support from any building with a building clearance of three feet and a vertical clearance of four feet or higher. The base width of the pylon sign shall be no less than 50 percent of the sign length. The visible support structures for pylon signs shall be enclosed.

Residential sign means a small detached or attached sign located on a residential property, conveying a message communicated by the owner of the property.

Roof sign means any sign or part of sign erected upon, against, or directly above a roof or on top of or above the parapet or cornice of a building.

Above-peak roof sign means a roof sign positioned above the peak of a roof or above a parapet or cornice.

Integral roof sign means a roof sign positioned between an eave line and the peak or highest point on a roof, substantially parallel to the face of a building.

Sign means a symbolic, visual device fixed upon a building, vehicle, structure, or parcel of land, which is intended to convey information about a product, business, activity, place, person, institution, candidate, or political idea.

Sign area means the entire area within the periphery of a regular geometric form, or combination of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but not including a sign structure that does not bear copy. The surface area of the sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater. A double-faced sign shall be permitted to have the allowed area of a single-faced sign on each of the two faces of the double-faced sign.

Sign height means sign height shall be measured from the centerline of the road that provides access to the Premises, nearest the base of the sign to the highest point of the sign structure.

Sign type means a functional description of the use of an individual sign.

Street frontage means the length of the property line for a single parcel which runs parallel to and along each public right-of-way (exclusive of alleys) it borders.

Temporary signs means a sign which is installed for a period not to exceed 30 days.

Vision-clearance area means an area contained within a triangle with legs of 30 feet from the point at which the curbs or edges of two intersecting streets, private ways, or courts or an intersecting street, private way, or court and driveway, meet.

Wall sign means a sign attached to and parallel with the side of a building.

Window sign means a sign that lets light or air through to the habitable part of the building and which is painted on, attached to or visible through a window excluding displays of merchandise.

Zoned lot means a parcel of land in single ownership that is large enough to meet the minimum zoning requirements of its zoning district and can provide such yards and other open spaces that are required by the site development regulations.

(Code 1993, § 39.10.20)

(a)

Compliance. Each sign or part of a sign erected within the zoning jurisdiction of the City must comply with the provisions of this article and such other relevant provisions of the City Code and relevant Building Codes, including the following:

(1)

International Building Code, as adopted by the City.

(2)

National Electrical Code.

(3)

Rules and Regulations Relating to the Control of Advertising in Areas Adjacent to the Interstate and Federal Aid Primary Highways (North Dakota Department of Transportation).

(b)

Relation to zoning regulations and building regulations.

(1)

Signs, which are considered structures for the purposes of this article, shall comply with the land use regulations for the zoning district in which they are located; provided, however, that signs may be located in a setback area required by the zoning district.

(2)

Signs located in the extraterritorial jurisdiction of the City, for which the City does not issue building permits, shall secure a proper building permit from Stark County or such other jurisdiction or agency having authority to issue building permits in the extraterritorial area. The City may deny any application for a sign permit in the extraterritorial area in the event that the applicant therefore is not permitted to build the structure by the applicable building authority.

(3)

All planned unit development districts (PUD) shall comply with either the requirements of the underlying zoning district or requirements as specified within the PUD.

(4)

Signs located on properties located within the Corridor Overlay District may be subject to additional design standards consistent with the purpose of the Corridor Overlay District.

(c)

Resolution of conflicting regulations. In the event any of the provisions of this article are in conflict with other applicable requirements, the more restrictive requirement shall apply.

(d)

Prohibited signs. The following signs are prohibited in all zoning districts:

(1)

Any sign painted on or attached to rocks, trees, or other natural objects.

(2)

Any sign or sign structure that resembles or conflicts with traffic control signs or devices, that misleads or confuses persons traveling on public streets, or that creates a traffic hazard.

(3)

Any sign on or overhanging public property or public right-of-way, unless specifically authorized by the appropriate public agency.

(4)

Any sign that creates a safety hazard by obstructing the clear view of pedestrians or vehicles, or which obscures official signs or signals.

(5)

Abandoned signs. Any abandoned sign must be removed within six months of date of abandonment. Removal shall include removal of abandoned structural components. If not removed by the property owner in compliance herewith, the City may proceed to remove the abandoned sign and charge the costs thereof to the property owner.

(6)

Any sign that is not clean or in substantial good repair, or is not affixed to a sound structure.

(7)

Any sign advertising activities that are illegal under federal, State, or local laws and regulations.

(8)

Awning signs.

(9)

Roof signs.

(10)

Animated signs that move or change messages and/or displays more than once every one second.

(11)

Electronic message signs that move or change messages and/or displays more than once every one second.

(12)

Moving signs that move or change messages and/or displays more than once every one second.

(13)

Marquee signs that are not constructed of some durable material such as metal, glass or plastic.

(14)

Banners as wall signs.

(15)

Residential signs within the DC District.

(16)

Any sign erected or intended for the specific purpose or with the intended effect of hiding or covering from view of the public an adjacent or nearby sign.

(17)

Any sign using or employing flashing, blinking, or moving lights or lighting elements.

(18)

Any sign using or employing neon lights; provided, however, that neon tubing or LED tubing that maintains a constant light and does not have a flashing, blinking, or moving effect shall be permitted.

(19)

Any sign using or employing audio speakers, laser lights, strobe lights, searchlights, beacons, or any similar upward or outward oriented lighting or sound elements.

(20)

Any sign that creates or has the potential to create a public safety hazard.

(21)

Any obscene or indecent sign that, in whole or in part, shows sexually oriented devices, specified anatomical areas, or specified sexual activities as provided in Chapter 30, Article III.

(22)

Any sign within the vision-clearance area.

(23)

Any sign or advertising device not expressly permitted under this chapter is prohibited.

(24)

Billboard signs, digital billboard signs, and other off-premises signs are not prohibited under this Code, but shall be permitted only in compliance with Section 62-628.

(e)

Exempt signs. The following signs are permitted in any zoning district and are exempt from other provisions of this chapter:

(1)

Bulletin boards, provided that they have a maximum sign area of 20 square feet and are not located in the required building setback.

(2)

Temporary signs posted on property that is actively marketed for sale or rent with an area of less than ten square feet.

(3)

Official signs authorized by a government or governmental subdivision which give traffic, directional, or warning information.

(4)

Decorations for display on private property or public property.

(5)

On-premises temporary signs placed within a parcel of property upon which construction activities of any type are being performed with a maximum sign area of ten square feet in residential districts and 32 square feet in other districts. Such signs must be removed within one week after the completion of the construction project.

(6)

Works of graphic art painted or applied to building walls which contain no advertising or business identification messages.

(7)

Residential signs under two square feet.

(8)

Neighborhood or subdivision identification signs under 50 square feet.

(9)

Street numbers.

(10)

Signs which are not visible from a public right-of-way, private way, or court or from a property other than that on which the sign is installed.

(11)

Building markers.

(f)

Temporary and civic signs.

(1)

Temporary or portable signs in commercial and industrial zoning districts where a special event, sale, lease, or other conveyance or interest therein is held, subject to the following requirements:

a.

Such signs are subject to the permit procedures set forth in this article.

b.

The size of such signs does not exceed the limitations set forth in Section 62-627.

c.

No more than one such sign is permitted at any single premises.

d.

Temporary or portable signs may be present at any single premises for a maximum of 30 days per year.

(2)

Temporary signs are permitted in any zoning district and are exempt from other provisions of this article, subject to the following requirements:

a.

Such signs are installed no earlier than 30 days before the date of an event or election and removed no later than seven days after the date of an event or election.

b.

The maximum size of such signs is 32 square feet when located in any residential and LC District; and 100 square feet in any other zoning district.

(3)

One temporary ground sign may be permitted for a premises that has no permanent sign, provided that such temporary sign may not be displayed for a period of more than 60 days or until installation of the permanent sign, whichever shall occur first. The 60-day period may be extended by the Planning Director if extenuating circumstances exist.

(Code 1993, § 39.10.30; Ord. No. 1610, § 5; Ord. No. 1615, § 1)

The following on-premises signs are permitted as set forth herein:

(1)

Building signs. Building signs are permitted in all zoning districts except residentially zoned districts subject to the following provisions:

a.

Maximum height. A building sign shall not be permitted above the roofline, cornice line, parapet, or the highest point of the building façade.

b.

Maximum sign area. Each premises, and in the case of multi-occupancy buildings, each unit, shall be permitted to display building signs, the aggregate sign area of which shall not exceed one square foot per each linear foot of building frontage facing a public street or parking lot, but in no event more than 200 square feet of aggregate sign area. For each unit not facing a public street or parking lot, the aggregate sign area shall not exceed one square foot for each linear foot of unit frontage for the elevation on which the building sign will be installed, but in no event more than 200 square feet of aggregate sign area. Each premises shall be entitled to a minimum aggregate sign area of 20 square feet.

c.

Other limitations. Building signs shall not project more than four feet from the building wall to which the sign is attached, nor shall a building sign project into the public right-of-way.

(2)

Canopy signs. Canopy signs are permitted in commercial and industrial zoning districts subject to the following provisions:

a.

Canopy signs shall be allowed in addition to building signs.

b.

The aggregate sign area of all canopy signs and building signs combined per elevation shall not exceed the aggregate sign area permitted for building signs.

c.

Canopy signs shall not be permitted above the roofline of the canopy structure.

(3)

Ground signs. Ground signs are permitted in all zoning classifications subject to the following provisions:

a.

General ground sign provisions.

1.

Maximum height. The maximum height of ground signs is ten feet. Monument signs shall be set back a minimum of five feet from the right-of-way line, but shall be permitted an increase in height of one foot for each one foot of additional setback provided from the right-of-way line up to a maximum height of 20 feet when adjacent to U.S. Interstate 94 or 15 feet when adjacent to State highways, arterial roadways, collectors and local roads.

2.

Setback. All ground signs shall be set back a minimum of five feet from the property line or rights-of-way.

b.

Nonresidential zoning district.

1.

Maximum number.

(i)

Each premises having street frontage of less than 600 feet shall be permitted to have one ground sign.

(ii)

Each premises with street frontage of 600 feet or more shall be permitted to have one ground sign and one additional ground sign for each additional 600 feet of street frontage.

2.

Maximum sign area.

(i)

The maximum allowable aggregate sign area for each ground sign shall not exceed one square foot for each linear foot of public street frontage on the street where the sign is located or 100 square feet, whichever is less. A double-faced sign shall be permitted to have the allowed area of a single-faced sign on each of the two faces of the double-faced sign.

(ii)

If a premises is permitted to have more than one ground sign, then all allowable ground signs may be combined into a single ground sign which shall not exceed 200 square feet in aggregate sign area, and no single face shall exceed 100 square feet in aggregate sign area.

3.

Ground signs. Ground signs shall be placed no closer than 300 feet apart on the same premises.

c.

Residential zoning districts.

1.

Each residential dwelling will be permitted to have one ground sign not exceeding six square feet of aggregate sign area and not exceeding six feet in height. Nothing contained in this section shall be construed to permit a sign if private restrictions prohibit or restrict the display of signs.

2.

Residential support uses. Each residential support use will be permitted to have one ground sign not exceeding 32 square feet of aggregate sign area and not exceeding eight feet in height.

3.

Residential entry signs. Not more than two ground signs are permitted to be installed or erected at each entrance to a platted subdivision, multiple family development (apartments, condominiums and mobile home parks) provided the combined aggregate sign area of said signs shall not exceed 50 square feet.

4.

Residential signs shall not be permitted in the DC District.

(4)

Pole signs and pylon signs. Pole signs and pylon signs are permitted in all commercial and industrial zoning classifications subject to the following provisions:

a.

General pole and pylon sign provisions.

1.

Maximum height. A pole sign shall not exceed 20 feet in height, or 40 feet in height if within 100 feet of I-94 rights-of-way. A pylon sign shall not exceed 30 feet, or 50 in height if within 100 feet of I-94 rights-of-way.

2.

Setback. All pole signs and pylon signs shall be set back a minimum of five feet from the property line and/or right-of-way line and not within the vision-clearance area.

3.

Vertical clearance. All pole signs must have a minimum of ten feet over sidewalks and outside of parking areas and driveways, 14 feet over parking lots, and 18 feet over alleys or driveways.

b.

Nonresidential zoning district.

1.

Maximum number.

(i)

Each premises having street frontage of less than 600 feet shall be permitted to have one pole sign or pylon sign.

(ii)

Each premises with street frontage of 600 feet or greater shall be permitted to have one pole sign or pylon sign and one additional pole sign or pylon sign for each additional 600 feet of street frontage. Pole signs and pylon signs shall be placed no closer than 300 feet apart on the same premises.

2.

Maximum sign area.

(i)

The maximum allowable aggregate sign area for each pole sign shall not exceed one square foot for each linear foot of public street frontage on the street where the sign is located or 200 square feet, whichever is less and no single sign face shall exceed 100 square feet in aggregate sign area. A double-faced sign shall be permitted to have the allowed area of a single-faced sign on each of the two faces of the double-faced sign. Pylon signs are allowed an additional 20 percent increase over the maximum sign area as described above.

(ii)

If a premises is permitted to have more than one pole sign or pylon sign, then all allowable pole signs or pylon signs may be combined into a single ground sign which shall not exceed 200 square feet in aggregate sign area. Pylon signs are allowed an additional 20 percent increase over the maximum sign area as described above.

(5)

Flags. Each premises shall be permitted to display a maximum of number of five flags, and the aggregate sign area of such flags shall not be included in the calculation of building signs for the premises, provided that any flag displayed on a premises shall only be displayed from a flagpole. Additional flags may be permitted by a special use permit.

(6)

Window signs. Window signs shall be permitted, provided that such signs, in aggregate sign area, do not cover more than 50 percent of the total window surface area of the premises facing a public street or parking lot. Window signs shall not be included in calculating the aggregate sign area for building signs.

(7)

On-site directional signs. No individual on-site directional sign shall exceed four square feet in area per sign face. The number of such signs shall be authorized by the local government.

(Code 1993, § 39.10.40; Ord. No. 1610, § 6)

Off-premises signs (including billboard signs and digital billboard signs) shall be permitted only as provided in this section, and shall otherwise comply with all of the terms and conditions of this article. Off-premises signs shall not be included with on-premises signs in determining the total number or size of signs permitted on any premises.

(1)

Placement of off-premises signs.

a.

Prior to granting a permit for an off-premises sign, the Building Official (or other appropriate official for signs constructed in the extraterritorial area) shall verify that the off-premises sign as it is proposed to be constructed is structurally sound and complies with all portions of the International Building Code, as adopted by the City, including requiring engineered drawings of the proposed sign.

b.

The application for any off-premises sign shall be made by the owner of the sign. The applicant shall supply to the City, prior to the issuance of any permit, sufficient evidence indicating the consent of the owner of the real property on which the sign is proposed to be constructed to the placement of the sign.

c.

The applicant shall verify, including by means of a certificate of survey, that the proposed off-premises sign is located on private property and not within any public right-of-way and does not encroach upon such public right-of-way.

d.

Off-premises signs are allowed in the GI, LI, GC, and CC Districts; provided, however, that off-premises signs shall not be permitted within the designated Renaissance Zone of the City.

e.

An off-premises sign shall be allowed only along and oriented towards roads identified as principal arterial roads within the City Comprehensive Plan and Transportation Plan. Designation of such principal arterial roads may be altered from time to time, as provided by law. At the time of its adoption, the City Comprehensive Plan and Transportation Plan identified the following roads as principal arterial roads:

1.

Interstate-94.

2.

Third Avenue West/Highway 22.

3.

Villard Street (from State Avenue to 10th Avenue East).

4.

I-94 Business Loop West.

5.

I-94 Business Loop East.

(2)

Size limitations.

a.

No off-premises sign shall have a sign face area exceeding 672 square feet.

b.

With the exception of portable signs, all off-premises signs shall have a minimum sign face area of 280 square feet.

(3)

Height limitations and materials for off-premises signs.

a.

Off-premises signs shall be a maximum height of 50 feet if placed along and oriented towards Interstate-94, and a maximum height of 40 feet in all other locations;

b.

Off-premises signs greater than ten feet in height must be constructed of a steel monopole design with a tubular steel support, tubular steel framing, metal catwalk and a single display panel, and a concrete foundation. Applicant shall supply engineered drawings for any off-premises sign; and

c.

Center mount and flag mount designs shall be allowed, along with double-faced signs. Double-faced signs shall count as one sign. Triangle face billboards are prohibited.

(4)

Spacing requirements.

a.

No off-premises sign shall be placed within 300 feet of any residential zoning district, mixed-use zoning district that allows for residential use, overlay zoning district that allows for residential use, religious institution, park, or school. The spacing distance may be reduced below 300 feet upon approval of a special use permit as provided in Article II, Division 1 of this chapter.

b.

No off-premises sign shall be placed within 1,000 feet of any other off-premises sign; provided, however, that off-premises signs in existence prior to May 19, 2014, that are located within 500 feet of any other off-premises sign shall be deemed to be legal conforming signs. Except as it pertains to signs oriented towards Interstate-94, this spacing distance shall include both sides of the public right-of-way.

c.

No digital billboard sign may be placed within 1,500 feet of any other digital billboard sign, or within 1,000 feet of any other off-premises sign. Except as it pertains to signs oriented towards Interstate-94, this spacing distance shall include both sides of the public right-of-way.

d.

Spacing limitations provided for herein shall apply regardless of whether the measurement is made from a sign permitted under this article or from a sign established as a legal nonconforming use hereunder.

e.

In the event that two or more sign applications conflict with each other, so that only one of the applications may be granted, the applications shall be considered for approval in accordance with their respective dates of filing. An applicant shall have a period of no more than ten days from the date of filing to correct any deficiencies in the application. If an applicant is unable to correct such deficiencies within the time allotted, the application shall be denied. All subsequent applications shall remain pending until resolution of the prior application. If a prior application is granted, all subsequent applications shall be immediately denied. All applicants shall be advised in writing regarding their application status.

f.

Signs having received prior authorization or that are a legal nonconforming use shall have priority over a later applicant in determining compliance with the spacing restrictions.

(5)

Digital billboard signs. Digital billboard signs are subject to the following additional conditions:

a.

Hold time. Digital billboard signs shall display a static message that may not change or be changed for a period of at least seven seconds.

b.

Message transitions. Transition from one such static message to the next shall occur within a maximum of one second and without the use of animation, flashing or frame effects.

c.

Sign brightness. Digital billboard signs shall come equipped with automatic dimming technology that automatically adjusts the display's brightness based on ambient light conditions. The brightness level for digital billboards shall not increase by more than 0.3 footcandles over ambient levels.

(6)

Prohibited off-premises signs. The following off-premises signs are prohibited:

a.

Stacked signs.

b.

Signs with more than two faces.

c.

Building wraps.

d.

Any off-premises sign not specifically allowed for in this article.

(7)

Illumination of off-premises signs.

a.

Off-premises signs may not include any revolving or rotating beam or beacon of light that simulates an emergency light or device.

b.

Off-premises signs may not include any flashing, blinking, intermittent or moving light or lights.

c.

Off-premises signs may be lighted by external lighting, such as floodlights, thin line and gooseneck reflectors, provided the light source is directed upon the face of the billboard and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the public right-of-way or into any portion of adjacent properties, and the lights are of an intensity that does not cause glare, impair vision, or otherwise interfere with motorists.

d.

Off-premises signs may not be illuminated so as to interfere with the effectiveness of, or obscure, an official traffic sign, device or signal.

e.

Light fixtures illuminating an off-premises sign may not exceed 400 watts.

f.

Digital billboard signs shall not include any flashing, intermittent or moving light or lights except those signs giving public service information such as time, date, temperature, and weather. This section does not prohibit an LED display, provided:

1.

Each change of message is accomplished in one second or less.

2.

Each message remains in a fixed position for at least seven seconds.

3.

Traveling messages (e.g., moving messages, animated messages, full-motion video, and scrolling text messages) or segmented messages shall not be allowed.

(8)

Vehicular and pedestrian traffic. All vehicles, equipment, and people used to build, service, maintain and repair the signs must confine their activity so as not to interfere with pedestrian or vehicular traffic on public roads.

(9)

Permitting.

a.

Any application for an off-premises sign permit shall meet the requirements for sign permits, and provide the following:

1.

Site plan indicating the proposed off-premises sign location, orientation to the roadway, setbacks, and adjacent structures, including parking areas and driveways;

2.

A vicinity map indicating nearby off-premises sign and digital billboard signs, and measurements from such signs up to 1,500 feet;

3.

Construction plans indicating sign height, dimensions and .....face area;

4.

Proposed lighting plan for the off-premises sign or digital billboard sign; and

5.

Written consent of the landowner for the placement of such sign on the property.

b.

Off-premises signs shall not be permitted before the applicant has submitted to the City the following certifications from the appropriate professionals registered in the State:

1.

Certification from a professional engineer registered in the State that the soil and subsoil surface is capable of accepting the projected loads; and

2.

Certification from a professional engineer registered in the State as to the structural strength of the sign.

c.

Off-premises signs shall not be permitted by the City until a permit has been issued by the State Department of Transportation, when required.

d.

A sign permit for an off-premises sign shall be valid for 12 months. If no construction has commenced at the site within 12 months of the date of approval of the permit, the permit shall become null and void.

e.

A sign permit issued under the authority of these regulations shall in no way relieve the applicant or property owner from permitting pursuant to the Building Code.

(10)

Sign maintenance. Every sign or other advertising structure, together with all its supports or braces, shall be kept in good repair. The sign location shall be free of rubbish and weeds. All structural members and all copy areas shall be kept painted and clean so as to prevent deterioration, oxidation, rust, paint fading, paint peeling or other unsightly conditions.

(11)

Sign ownership. Each sign application shall include identification of the sign owner and the sign owner's contact information, including post office address and telephone number, in order to allow for proper notification. The identified sign owner shall be responsible for all required maintenance of the sign and compliance with the terms and conditions of this article. In the event of a change in ownership of a sign, the new owner thereof shall be responsible to notify the City of new owner's name and contact information.

(12)

Sign removal. Permanent signs which are erected or maintained in violation of this article shall be removed after notice to do so. The City shall notify the owner of such sign in writing of such violation and provide the owner with 30 days to remove the sign or to bring it into compliance with this article. Upon the failure to remove the sign or comply with the notice, the City shall cause the removal of the sign. Any costs of removal incurred by the City shall be assessed to the owner of the property on which sign is located and may be collected in the manner of ordinary debt or in the manner of taxes, and such charge shall be a lien on the property.

(Code 1993, § 39.10.50)

(a)

Illumination.

(1)

Lighting, when installed, must be positioned in such a manner that light is not directed onto an adjoining property or onto a public street or highway.

(2)

Indirect illumination and internal illumination shall be allowed for civic uses in residential zoning districts and for all uses in nonresidential zoning districts and the MH District.

(3)

Electronic message signs shall be allowed in all nonresidential zoning districts.

(b)

Marquees and marquee signs. Signs placed on, attached to, or constructed on a marquee are subject to the maximum projection and clearance regulations of projecting signs.

(c)

Banners.

(1)

A banner sign projecting from a building may not exceed the wall height of the building.

(2)

Maximum projection for any banner is five feet from a building with a minimum clearance of ten feet.

(3)

Maximum size of a banner is the lesser of twice the permitted size of a projecting sign or 120 square feet.

(d)

Clocks. For the purposes of this article, clocks are not considered moving signs.

(e)

Sign design. All permanent signs permitted herein must be designed to be architecturally compatible with the building design on the site.

(Code 1993, § 39.10.60)

(a)

Applicability. Any installation, modification, or expansion of any sign which is not exempt from the provisions of this article shall be subject to the following permit procedure prior to installation.

(b)

Maintenance of valid sign permit. The owner of a sign requiring a permit under this article shall, at all times, maintain in force a sign permit for such property. Sign permits shall be issued for individually zoned lots. A sign permit may be revoked if the sign is not maintained in good condition.

(c)

Sign permit applications. All applications for sign permits shall be submitted to the Community Development Director upon the specified application form.

(d)

Sign plan. Any nonresidential development with three or more tenants shall submit a sign plan, which includes the following:

(1)

A summary table listing the location, sign type and area of any existing and proposed signs.

(2)

A fully dimensioned and scaled elevation drawing of any proposed sign, showing sign type, height, structure and sign area.

(3)

For building signs, an elevation of the building, showing placement of any sign.

(4)

If the sign is to be electrically lighted, additional information regarding the Testing Laboratory or the ETL number, and the name and address of the electrical contractor as required by the Community Development Director.

(5)

Information regarding the type of construction, sign supports and electrical details. Fawned load calculations and footer details as required by the Building Code.

(Code 1993, § 39.10.70)

(a)

After submission of a complete application for a sign permit, the Community Development Director shall either:

(1)

Issue the sign permit, if the sign conforms to the provisions of this article.

(2)

Reject the sign permit if the signs that is the subject of the application fails in any way to conform to the requirements of this article. The cause for rejection shall be stated in writing.

(b)

Determinations of the Community Development Director may be appealed to the Board of Adjustment, as provided in Article II, Division 1 of this chapter.

(Code 1993, § 39.10.80)

If a sign is not constructed in accordance with an approved permit within 12 months of the date of approval, such permit shall lapse and become null and void.

(Code 1993, § 39.10.90)

A current and valid sign permit shall be freely assignable to any successor-in-interest.

(Code 1993, § 39.10.100)

(a)

Any sign erected after May 19, 2014, within the zoning jurisdiction of the City that does not conform to the provisions of this article shall be deemed an illegal sign and shall be removed at the sole cost and expense of the owner thereof. The City shall notify the owner of such sign in writing of such violation and provide the owner with 30 days to remove the sign or to bring it into compliance with this article. Upon any failure to remove the sign or comply with the notice, the City shall cause the removal of the sign. Any costs of removal incurred by the City shall be assessed to the owner of the property on which sign is located and may be collected in the manner of ordinary debt or in the manner of taxes, and such charge shall constitute a lien on the property.

(b)

Any permanent sign in place and lawfully established as of May 19, 2014, that does not conform to the provisions of this article shall be deemed a legal nonconforming sign.

(c)

(1)

A legal nonconforming sign that is permanently affixed to the ground or to a building may continue to be used and its copy changed from time to time; provided, however, that the nonconforming sign:

a.

Shall not be replaced except in conformity with this article; and

b.

Shall not be enlarged, altered, or reconstructed except in conformity with this article.

(2)

Such legal nonconforming sign may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

(d)

Any legal nonconforming sign may be reconstructed, altered, or repaired after any damage not exceeding 50 percent of its replacement cost, provided that the sign's degree of nonconformity is not increased in any way.

(e)

Any legal nonconforming sign that is presently or becomes structurally damaged in excess of 50 percent of its replacement cost at the time of such destruction shall not be reconstructed, repaired, or altered except in conformity with this article. The owner of such structurally damaged sign shall apply for a new sign permit in accordance with this article in order to construct a conforming replacement sign.

(Code 1993, § 39.10.110)

The Community Development Director or a designee, shall be the administrator of this article.

(Code 1993, § 39.10.120)